Ohio Attorney General Files Groundbreaking Lawsuit Utilizing the 21st Amendment Enforcement Act for the First Time

Ohio Attorney General Dave Yost has filed a Complaint and Motion for Preliminary Injunction against several out of state alcohol retailers for illegally shipping alcohol into the state of Ohio.  A press release was also issued by his office. The lawsuit against Wine.Com, Inc., U.S. Beverage Advertising Corp., Pacific Wine & Spirits, LLC, ShakeStir, LLC,…Read More

United States Supreme Court Denies Certiorari for Monster’s Appeal of Loss in 9th Circuit Related to Failure to Disclose Conflict in Arbitration Dispute

The Supreme Court has denied certiorari in the appeal by Monster Energy from its loss at the Ninth Circuit related to failure to disclose possible arbitration conflicts. Monster had filed this appeal to the Supreme Court.  It was joined by an amicus brief filed by the arbitration company JAMS.   The case was considered by the…Read More

Appellate Brief Filed in 9th Circuit for Out of State Importer Challenge to California Presence Law

Plaintiff Orion Imports, LLC and Peter Creighton have filed their brief and supporting record as they seek to overturn the dismissal of their Third Amended Complaint at the district court level.  The district court had previously dismissed a previous complaint. Although the underlying complaint is a dormant Commerce Clause challenge to California law, the appellants…Read More

Wal-Mart Brings Challenge to Texas Liquor Law Restriction to the United States Supreme Court

Wal-Mart has filed its writ of certiorari with the United States Supreme Court challenging the Texas law that bars public ownership of retail liquor licenses.  The corporation is appealing its loss from the 5th Circuit and claims this law is a violation of the dormant Commerce Clause. The Wal-Mart brief is heavy on references to…Read More

6th Circuit Denies Rehearing in Michigan Retail Shipping Case

The 6th Circuit has denied the request for a rehearing en banc on the decision upholding Michigan’s law banning out of state retailer direct shipping.  The order noted, “No judge has requested a vote on the suggestion for rehearing en banc.” At this time, it is unknown if there will be an appeal to the…Read More